SUBJECT Immigration and Naturalization Services (INS) by vgt30370


									WGIUPD                      GENERAL INFORMATION SYSTEM                02/24/03
                     DIVISION: Office of Medicaid Management            PAGE 1
GIS 03 MA/005

TO:         Local District Commissioners, Medicaid Directors

FROM:       Kathryn Kuhmerker, Deputy Commissioner
            Office of Medicaid Management

SUBJECT:    Immigration and Naturalization Services (INS)
            Visa Statuses: K, S, T, U, and V

EFFECTIVE DATE:     Immediately

CONTACT PERSON:     Local District Support Unit
                    Upstate (518) 474-8216   NYC (212) 268-6855

The purpose of this GIS message is to clarify any confusion or
misunderstanding regarding Visa Statuses: K, S, T, U, and V.

There have been several new visa categories issued by the Immigration and
Naturalization Services (INS) over the past several years.

Some categories of nonimmigrant status allow the status (visa) holder to work
and eventually adjust to lawful permanent residence. These categories allow
the individual to apply for adjustment to LPR status after he or she has had
the nonimmigrant status for a period of time.

Such statuses include, for example:

        K status:   For the spouse, child, or fiancé (e) of a U.S. citizen.*
        S status:   For informants providing evidence for a criminal
                    Also known as the “Snitch Visa”.*
        T status:   For victims of Trafficking.**
        U status:   For victims or witnesses of specified crimes (who have
                    suffered substantial physical or mental abuse and agrees to
                    cooperate with the government).*
        V status:   For spouses and children of LPR’s whose visa petitions have
                    been pending for at least three years.*

[Law found at 8 U.S.C. section 1101 (a)(15)(K), (S), (T), (U), and (V).]

*Statuses K, S, U, V are nonimmigrant statuses. As nonimmigrants, holders
are eligible for emergency Medicaid only, but if they have filed to adjust
status with the INS, they may be eligible for Medicaid/FHPlus/CHPlus.

**Victims of Trafficking receive benefits to the same extent as refugees (GIS
02 MA/022).

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